Budha Jayamma v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.14452 OF 2018 Dated:24.04.2018 Between:

Budha Jayamma, W/o. Nagabhushanam, Aged 51 years, Occ: Agriculture, R/o.7-134, Ravela, Guntur District and others .. Petitioners And State of Andhra Pradesh, rep., by its Principal Secretary Revenue Department (Stamps and Registration), Secretariat, Velagapudi, Amaravathi, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.14452 OF 2018 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the respondents. With the consent of learned counsel for the parties, the Writ Petition is being disposed of by this order at the stage of admission.

2.

Petitioners claim that they are the owners of land to an extent of Ac.0.81 cents in D.No.283/2 of Chinapalakaluru Village, Guntur Mandal and District. Grievance of the petitioners is that the said land is included in the list of prohibited properties under Section 22-A(1)(a) of the Registration Act, 1908. In this Writ Petition, petitioners challenge inclusion of their property in the list of prohibited properties.

3.

As held by the Full Bench of this Court in Vinjamuri Rajagopala Chary v. State of Andhra Pradesh1, if a person is aggrieved by wrong inclusion of the property claimed by him as owned, he must make an application to the competent authority. 4.

Apparently, in the instant case, so far petitioners have not made application to the District Collector requesting him to exclude their property from the list of prohibited properties. 5.

Learned counsel for the petitioners seeks leave of the Court to make such application by the petitioners.

1 2016 (2) ALD 236 (F.B)

6.

In view of the same, the Writ Petition is disposed of granting liberty to the petitioners to make application to the District Collector to exclude the property claimed by them as owned from the list of prohibited properties. As and when such application is made, the District Collector shall consider the same and pass appropriate orders as warrant by law by assigning due reasons in support of his decision and communicate the said decision to the petitioners within a period of eight weeks from the date of receipt of copy of the application. There shall be no order as to costs. Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:24.04.2018 KH